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NIKAPOTA v. GUNASEKERA


Nikapota V. Gunasekera

Present: Middleton J. and Wood Renton J.   July.17,1911

NIKAPOTA v. GUNASEKERA.

417-P. C. Matara, 1,385.

Conviction of accused-Magistrate may inquire into the previous history and antecedents of accused before awarding punishment,

A previous conviction may be proved or admitted before a court of first instance, after the conviction of the accused, for the purpose of enabling the Court to regulate the punishment within the limits of its jurisdiction in that respect under the law.

A previous conviction should not be regarded as proved unless a properly certified copy of the conviction is put in, and evidence given to clearly identify the accused with the person mentioned in it.

Evidence of an antecedent bad character is relevant after conviction; but no evidence to prove it should be accepted by the Court, except from persons of undeniable position and respectability, and then also only under the sanction of an oath or affirmation.

THE accused in this case was convicted of an offence under section 315 of the Penal Code with having caused hurt with a pair of scissors to her daughter. After the accused was found guilty, it was pointed out to








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